United States of America v. EZEQUIEL RODRIGUEZ, Jr.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EZEQUIEL RODRIGUEZ, Jr.,
Defendant - Appellant.
No. 11-50354
D.C. No. 3:10-cr-03623-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Ezequiel Rodriguez, Jr., appeals from the 120-month sentence imposed
following his guilty-plea conviction for possession of cocaine with intent to
distribute and aiding and abetting, in violation of 21 U.S.C. § 841(a)(1) and 18
FILED
APR 20 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50354 2
U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The government contends that this appeal should be dismissed in light of the
appeal waiver set forth in Rodriguez’s plea agreement. We decline to reach the
issue of whether this appeal falls within the scope of the appeal waiver, and instead
affirm on the merits. See United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th
Cir. 2007) (en banc).
Rodriguez contends that the district court erred by denying him relief under
the safety valve provision of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2. The
district court’s finding that Rodriguez was ineligible for safety valve relief because
he did not give the government all of the information that he had regarding the
offense was not clearly erroneous. See United States v. Alba-Flores, 577 F.3d
1104, 1107 (9th Cir. 2009).
AFFIRMED.

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